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Alternatives to Court - Mediation & Arbitration

Why not go to court? Because we know court is not a good place for you to be. It just isn't. Trials can be, and usually are, very stressful and very expensive for most clients. Even when we're confident of a favorable outcome, we consider court the last resort.
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It's important to understand the difference between mediation and arbitration, and they are very different.

​​Mediation is a non-binding settlement conference, presided over by a mediator who has no authority to require either party to accept any particular result. Any outcome remains in the hands of the parties and their lawyers, who can reject or accept the other party’s settlement proposals.

If the parties do agree on settlement terms, then the result becomes binding and the case is over. If not, then they must proceed on toward trial (with all the delays and costs of the court system) -- or, better yet, go to arbitration!

ARBITRATION

Unlike mediation, arbitration is a binding hearing, presided over by an arbitrator (often a former Judge) who has full authority to hear from all parties and their witnesses.

After testimony and evidence are concluded, the case is decided based on what the arbitrator concludes the result should be.

It is almost exactly the same as a non-jury trial in court -- except we believe there are significant benefits to arbitration.

BENEFITS OF ARBITRATION VS. COURT

It's Quicker

Your dispute can be heard and resolved by an Arbitrator even before a lawsuit is filed, or, if already filed, at any time while the case is pending.

There’s no need to wait months (or years) until your case finally gets reached by a judge. (The recent reductions in courthouse staff, due to the economy, are causing even longer delays than usual.) Also, your arbitration will be set for a specific date and time, agreed to by the parties, at your convenience instead of the judge’s, so you don’t have to sit and wait (as often happens at court) for cases ahead of yours to be heard.

It's Cheaper

You don’t have to pay for any "sitting and waiting" time – because there isn’t any. Also, the amount of pre-trial “discovery” (depositions, interrogatories, motion-filing, brief-writing, document-production, and so on) is greatly reduced; therefore, your attorneys’ fees are greatly reduced.

Most parties just want their case decided fairly, and they want it to be over; no one wants to win a case only to then have to pay to defend against an appeal by the loser. So frequently, in arbitration (but not in court trials), you can agree in advance that there is no right of appeal, so when the arbitrator rules, the case is over -- and so are the continuing costs and attorneys' fees.

It's Often More Fair

Since the parties and their lawyers get to choose their own Arbitrator, you have the right to choose someone you know is experienced, knowledgeable, and trustworthy. You can choose an Arbitrator who will decide your case fairly (unlike Courts, where you get assigned to a Judge, whom you may -- or may not -- want).

It's Private

The Courtroom is public, as it should be, and open to anyone who might want to watch your case. But arbitration is confidential, held in a private conference room instead of a public courtroom, thereby eliminating unwanted publicity and public disclosure of embarrassing personal matters, finances, and confidential business information or trade secrets.